With TRI Reports Due July 1, EPA Expands List Of Reportable PFAS

With the annual July 1 deadline for filing Toxic Release Inventory ("TRI") reports right around the corner, on June 22nd, the U.S. Environmental Protection Agency ("EPA") finalized the addition of nine more per- and polyfluoroalkyl substances ("PFAS") to the list of chemical subject to the reporting program (starting with reports due next year – July 1, 2024 – for the 2023 reporting year).

The rule, originally proposed in January 2023, is part of a larger effort by the Biden Administration to effectuate their PFAS Strategic Roadmap and regulate the chemicals. EPA last updated the list of PFAS subject to the TRI reporting program in July 2022.

The additional nine PFAS were added pursuant to the Fiscal Year 2020 National Defense Authorization Act ("NDAA"), which sets forth several mechanisms by which additional PFAS can be added to the list of reportable chemicals. Pursuant to the NDAA, EPA must review confidential business information ("CBI") claims before adding